The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-27
DEPOSED BY THE GOVERNOR
DR.. HarrisOn's Position Is Finally Given
to Mr.. ]. L. Carson, Of Shelby County.
The New Trustees Will Demand Possession of
Their Trusts To-Day-The Contest Ger
tain To Be Carried Into the Courts.

The Governor virtually removed DR.. Thomas
Il. Harrison from the presidency of the State
benevolent boards, yesterday, by appointing
Joseph L. Carson, of Shelby county, to the posi-
ton. There is no doubt about Mr. Carsons &C
ceptance, which will probably lead TO Joseph
Flack's declination of the trusteeship. ne de-
sired to be president His friends say that
Flack already gets $4,000 annually from the
insane hospital funds by supplying it with gar
den and farm produce. He is not willing to sur
render his chances for such valuable contracts
for position that will give him but few hun
dred dollars year
If Flack declines the Governor will certainly
appoint another person. for he regards the Brown
bill direct purpose to ROB him of some of the
prerogatives of his Office. It answered very
we'll SO long Republican Governor in
Office, but to embarrass Democratic official by
Democratic enactment is something he does
not propose to submit to without having the
question thoroughly tested in the courts. A
leading attorney said yesterday that the ques-
ton involved is close one, and fully impor-
tant as that relating to the lieutenant governor
ship. ITO me. and have been examining the
law" he continued, "a question of constitution
atty appears, but there is argument
both sides Take, for instance, that
section of the Constitution, IA, which reads,
When during recess of the General Assembly
Il
pointmenc to which is vested in the General As
sembly. or when at any time vacancy shall
have occurred in any other State office. or in the
Office of judge of any court the Governor shall
fill such vacancy by appointment, which shall
expire when a successor shall have been elected
and qualified This seems to give the Governor
power to fill all vacancies named. but then
arises this question, did the vacancy in the
boards happen during the session of
the General Assembly after2 If
it happened during the session, does the failure
0f he ACca h1yyt nto
cancy2 Harrison's and Gapen's friends and they
relargely the men who had the management of
the Democratic party in the last campaign, say
that it does not If there is no vacancy the Gov
ernor cannot appoint But there is another
stitutional section which he has no doubt con-
sidered That is pa which is in effect that if
by the Constitution. it may be declared
by law, and if it is de-
clared, the office shall be held during
the pleasure of the authority making the ap-
pointment The Brown bill fixes the tenure of
Office of president and trustees for the benevo-
lent boards and the Governor may look upon
he can get around the section which says.
Whenever it is provided in this Constitution,
in any law which may be hereafter passed, that
any officer, other than a member of the General
Assembly, shall hold his Office for any given
term, the term shall be construed to mean that
such officer shall hold his office for such term and
until his successor shall have been elected and
qualified You see the question is somewhat
complex"
Harrison and Gapen will meet with the In
sane Hospital board to-day to purchase supplies
for the institution 1t is probable that Mr.. Car
son may then demand the Office of president,
which will. in all likelihood. be refused From
this quo warranto proceedings will follow. as
Carson is said to be man who fights to the last
for what he thinks is right. While one faction
of the Democratic party IS patting DR.. Harrison
on the back, many representing those who be-
lieve the Governor is right called on the
tive yesterday and expressed their Endorsement
of his course.